U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
Pregnancy clinic case should be easy decision
By Erwin Chemerinsky
In a term filled with difficult cases, National Institute of Family and Life Advocates v. Bacerra should be easy for the U.S. ...
Labor/Employment, Government, California Supreme Court, California Courts of Appeal
Nothing less than the future of public pensions at stake
By Jorge J. Luna, Joshua E. Morrison
In order to save California's public pension systems, the California Supreme Court may ultimately need to allow lower courts t...
Civil Litigation, Labor/Employment, Entertainment & Sports
#MeToo and liability under the Talent Agencies Act
By Phillip R. Maltin
Labor/Employment, Government, Corporate, Administrative/Regulatory
New laws compound California’s bad-for-business reputation
By Tamara M. Kurtzman
The message is clear: California is closed for business. Nowhere is this message better illustrated than in the new labor laws...
Immigration, Government, Administrative/Regulatory
Discriminatory immigration policy, past and present
By Kevin R. Johnson
Trump's words and deeds make it crystal clear that he thinks about immigration in racial terms.
Government, Environmental & Energy, Administrative/Regulatory
Shift in offshore drilling policy is a step back
By A. Barry Cappello
I've seen firsthand the devastation of an offshore oil spill. As a young lawyer for the city of Santa Barbara in 1969.
Year in Review Column, U.S. Supreme Court, Environmental & Energy, California Supreme Court, Administrative/Regulatory
Cases provide insight into shifting environmental policy
By Davina Pujari, Sean G. Herman
With the appointments of Scott Pruitt (administrator of the Environmental Protection Agency), Ryan Zinke (secretary of the Int...
U.S. Supreme Court, Civil Litigation, International Law, Intellectual Property, Corporate
Justices to consider lost profits, extraterritoriality
By Ben M. Davidson
The U.S. Supreme Court will review whether lost profits can be awarded in patent cases based on use of patented systems occurr...
Civil Litigation, California Supreme Court, Appellate Practice
Product liability decision hits hard, but may not reach far
By Don Willenburg
Just before Christmas, the California Supreme Court ruled that a product manufacturer can be liable for harms caused by a prod...
U.S. Supreme Court, Immigration, Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
Sanctuary city battle is heating up
By Charles S. Doskow
The financial stakes involved in the suit demonstrate the magnitude of the contest, and the deliberately coercive nature of th...
Criminal, Constitutional Law, Civil Rights
Data due process and no-money bail systems
By Jeffrey J. Clayton
In just the past six months, scholars have begun to question the fairness and transparency of the algorithms used by risk asse...
Civil Litigation, Law Practice, California Courts of Appeal, Alternative Dispute Resolution, Civil Litigation, Law Practice, California Courts of Appeal, Alternative Dispute Resolution
An object lesson in why negotiated resolutions are better
By Michael H. Leb
At bottom, a recent decision reminds us that the litigation process is time-consuming, costly, and emotionally exacting. Attor...
U.S. Supreme Court, Corporate, Constitutional Law
High court takes case that could hit online retailers
By William H. Gorrod
Several states have sought to challenge the U.S. Supreme Court's 1992 ruling that an out-of-state retailer with no physical pr...
Labor/Employment, Government, Corporate, Administrative/Regulatory
New parental leave act is a step forward for rights of working families
By Katherine M. Wutchiett, Mariko Yoshihara
The New Parent Leave Act expands access to 12 weeks of job-protected baby bonding leave to qualifying workers who work for emp...
Year in Review Column, Civil Litigation, Judges and Judiciary
New law is driving down motions
By Richard L. Fruin
The Legislature enacted of Code of Civil Procedure Section 430.41 in 2016, and earlier this month a new set of changes took ef...
Civil Litigation, Law Practice, Judges and Judiciary, Criminal
The art of closing arguments
By Brian J. Hennigan
There is no "one size fits all" formula for a presenting an effective closing argument. But, there are a common number of prac...
Government, Criminal, Civil Rights, Administrative/Regulatory
There’s no excuse for Taser use in our jails
By Richard G. Konda, Aram B. James
Watchdogs across the country are organizing to oppose police practices that run contrary to community values and our constitut...
Law Practice, Law Office Management, Ethics/Professional Responsibility
Communicating with clients regarding a lawyer departure
By David M. Majchrzak, Heather L. Rosing
It is that time of year again. The holidays are over. Bonuses have been paid. Annual distributions to partners and shareholder...
Tax, Civil Litigation, Labor/Employment
Tax bill affects employment litigation settlements
By Bob Blum
The Tax Cut and Jobs Act, signed by President Donald Trump last month, makes a number of changes that can affect employment li...
Judges and Judiciary, Civil Rights, Civil Litigation
Access to justice for the disabled
By Thomas F. Coleman
Current court rules are vague and flimsy. It is time for the Judicial Council to flex its rulemaking muscles and protect vulne...
Civil Litigation, Labor/Employment, Insurance, Civil Rights
Who will pay for your #MeToo experience?
By Jaymeson Pegue
If the movement is to succeed, we may need to address, and litigate the issue of who pays.
Civil Litigation, Insurance, Construction, California Courts of Appeal
A lesson on the possibility of coverage existing
By Garret D. Murai
Property damage claims often are the result of a sudden occurrence. But when damage occurs as a result of defective constructi...
Tax, Government, Administrative/Regulatory
Foolish to remove commercial properties from Prop 13
By Kerry Jackson
If any state could use inspiration from the recent federal tax cuts, it's California, which has one of the country's heaviest ...
Tax, Real Estate/Development, Government
Potential impact of tax reform on commercial real estate
By Phil Jelsma
The Tax Cuts and Jobs Act has significant implications for the real estate industry, especially for commercial owners who may ...
Civil Litigation, Entertainment & Sports
What is defamation? Tough question, despite ample case law
By Delia Ramirez
The range of defamation lawsuits is staggering. Even with a vast amount case law, plaintiffs still cannot tell the difference ...
U.S. Supreme Court, Constitutional Law, Civil Rights
Why leave Mississippi's discrimination law in place?
By Julie A. Werner-Simon
When a new pope is selected by the assemblage of cardinals at the Vatican, the papal conclave releases white smoke into the sk...
U.S. Supreme Court, Criminal, Constitutional Law
Searches, seizures and the Silk Road
By Tor Ekeland
In an era where computer networks hosted by numerous third parties connect us all to necessary daily services, an outdated doc...
Civil Litigation, Intellectual Property
Federal Circuit now says PTAB time-bar decisons are appealable
By Eliot D. Williams
Patent owners wishing to challenge a Patent Trial and Appeal Board decision to institute an inter partes review, where the pet...
Year in Review Column, Government, Administrative/Regulatory
Updates from state agencies
By Erin Bradrick
This month, I'm focusing on some practical updates from various state agencies -- the attorney general's office, secretary of ...
As Max Boot demonstrates in his "The Road Not Taken," Lansdale was a brilliant, innovative stealth aviator in the OSS, the pre...